President Donald Trump’s promise to end birthright citizenship has experienced multiple court challenges, only to be blocked once again by the federal judiciary.
According to the Associated Press, the effect of a federal judge’s order blocking the Trump administration from ending the program kicked in on Friday, with another judge eyeing a similar outcome.
U.S. District Judge Joseph LaPlante, a New Hampshire-based federal judge, “had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed in the last week his order went into effect,” the outlet noted.
According to the report, the judge’s decision could still be appealed by the Trump administration, or it could ask the court to narrow the judge’s order. Neither have happened as of yet.
What’s going on?
Cody Wofsy, the ACLU attorney representing children who would be affected by Trump’s restrictions under his plan to end birthright citizenship, released a statement.
“The judge’s order protects every single child whose citizenship was called into question by this illegal executive order,” Wofsy said. “The government has not appealed and has not sought emergency relief so this injunction is now in effect everywhere in the country.”
On the same topic but another legal front, about a dozen states have reportedly taken action against the administration, with a Boston-based federal judge hearing arguments that the plan to dismantle the program is “blatantly unconstitutional.”
Because of the multiple federal battles, the issue is expected to “quickly” move back to the hands of the Supreme Court, though it’s not clear when that might happen.
The AP noted:
U.S. District Judge Leo Sorokin was asked to consider either keeping in place the nationwide injunction he granted earlier or consider a request from the government either to narrow the scope of that order or stay it altogether. Sorokin, located in Boston, did not immediately rule but seemed to be receptive to arguments from states to keep the injunction in place.
The legal actions come in the wake of the Supreme Court ruling that federal courts can’t really issue nationwide injunctions.
The exception
The high court “didn’t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states” in its most recent order.
The language of the ruling is clearly being taken advantage of by the activist federal judiciary.
Trump and his administration have battled federal judges since Day One of his second term in the White House.
Only time will tell if they’re able to overcome the latest legal hurdle.
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Author: Ryan Ledendecker
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